Mediation & Arbitration (Alternative Dispute Resolution)
Alternative Dispute Resolution is the method to resolve the dispute outside the traditional legal system of Thai Courts. Courts always offer both parties i.e Plaintiff and Defendant to resolve their dispute through negotiation with each other. The reason is it saves the time of the court and also parties involved in the case. Alternative Dispute Resolution methods are the following;
1. Mediation
2. Arbitration
3. Conciliation
There is no doubt in it that Thai courts are fulfilling their duties. Victims always get compensation and all remedies mentioned in the law from courts but the preceding period of case takes a very long time. Sometimes it goes to years, the reason is sometimes parties don’t cooperate, lawyers are not available, the delay from the court, etc. Another important thing is court procedure is complicated and very expensive. It is very difficult for an ordinary person to manage. On another side Alternative Dispute Resolution has the following benefits;
1. Inexpensive
2. Take a very short time to resolve the disputes
3. Non-Public (Confidential)
4. The decisions in mediation and conciliation is non-binding
5. Parties can select rules and laws for the case
These are the reasons that victims and accused prefer to go for the Alternative Dispute Resolutions methods.
The Alternate Dispute Resolution methods are the following:
civil litigation
1. Mediation
In Mediation, the parties in a case can select a mediator who will help them to give better solutions to the dispute and play an important role to make the settlement of parties by negotiation. If you want to go for a Mediation method then you should consider one thing that a Mediator should be an expert in a relevant field. He should know about the dispute between the parties. Let’s take an example to understand the procedure of mediation;
In case of divorce, there are many things which need to settle between the ex-spouse. For example, custody of a child, child support, parenting plan, division of property, etc. The mediator will help to make a divorce settlement. He will purpose the solutions to every dispute. If the parties agree on the proposed solutions then they succeed to make a divorce settlement in very little time.
In Thailand, the Administrative Courts play the role of mediator between the parties. In case of any dispute between the parties or an individual or state officials, or other law enforcement agencies the judge of Administrative Court can help to resolve the dispute by Mediation. If you have any dispute with another individual or with state officials. You can reach the Administrative court and apply for Mediation. The court will consider the facts and statements of both parties and then give a final decision against the dispute.
2. Arbitration
In Arbitration, An arbitrator or panel of the arbitrator will help to resolve the dispute between the parties. The arbitrator is a third neutral party, the parties in a case can select an arbitrator by their mutual understanding. The arbitrator will consider the facts, evidence, and witnesses in the case and then give the judgment binding on both parties. To some extent, the arbitration method has similarities with the traditional court system but it is less formal, inexpensive, parties can ask any questions, no limitation on arguments, etc.
Arbitration Method in ThaiLand:
In Thailand, The Thai Arbitration Institute (TAI) work and play an important role as an arbitrator between the conflicting parties. TAI is under the office of the judiciary of Thai Land and it is considered the most prominent out of court arbitration services. TAI has its own rules to proceed with the cases, but parties can also select their rules and laws in the case. Another Arbitration service provider is the Thai Arbitration Center (TAC). This center is also playing a vital role to resolve the disputes, parties in a case can select the rules and laws to resolve their issues. If you want to go for the Arbitration service provider then simply apply for arbitration service in these institutions. They will help to resolve the issues.
3. Conciliation
Conciliation is similar to the Mediation method. It is the choice of parties in a case that they want to go for conciliation or mediation to resolve their disputes. The major difference between Mediation and Conciliation is Parties can ask the conciliator in the counseling procedure to give them a non-binding settlement proposal. Non-binding means it is the discretion of parties that they accept the decision or not.
Conciliation In ThaiLand
The Arbitration Committee of Thailand provides the facility to provide a conciliator to resolve the dispute between the parties. If you want to adopt the Conciliation method, then first take the consent of the second party in the case and file an application to the Arbitration Committee to provide a counselor. He will consider the facts provided by both parties, evidence, and witnesses and then give a decision.